Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-05-07
APPLICATION FOR PATENT.

anu can neither be Withdrawn no,
returned, but must be transmitted TO the Gao
ersl Land Once. "en
an application will be rejected when the
scrlption OF the premises is erroneous or
sufficient.
Application for patent will be rejected h
cause: e" 70.
First The notice was published without, -.
knowledge of the Register.
notice was not published in
newspaper designated as published nearest thu
Third-Record title was found defec,,v.
and '0"'e'
Fourth--A previous application had has,
made for the same premises, which was Win.
the adverse claimant. W
An application for patent will be reiectsa
when the survey does not accurately defna ~.
boundaries OF the claim.
Where the claim was not located In accord.
ance with law.
Where several parties own separate ana A..
tinct portions Of q claim, application ~,
patent may be made by either for h Al no,.;oa
Of the claim owned by hun; but where so.ssai
parties own Undivided interests In z aiming
claim all should join in an application fo,s
patent.
A person or association may purcbssa n
many placer locations as the local law adm,ts
and embrace them all in one application for =
patent.
Two or more lodes cannot be embraced n
one application for a patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purpor..
ing to act as q deputy for the Register and Re.
ceiver cannot be recorded as evidences.
In all patents for mining claims situstea
within the interior boundaries of a town site
q clause is inserted excepting and excluding
all town property, rights upon the sursscs
and all houses, buildings, structures lo,s
blocks, streets. alleys or other municipal I'M
provements not belonging to the grantee here.
in, and all rights necessary or proper 10 the
occupation, possession and enjoyment OF The
same"
Publication Of notice must be made n univ
one newspaper for the period of GO DAYS.
Notice must be published 10 eonsecntive
weeks in weekly newspaper. and In daily
newspapers 60 days must elapse between The
first and last insertions.
Where the Register designAtes thedaily issue
Of g newspaper for publication Of notices Of a
mining application for patent ii 10 not q com.
pliance with law 70 change to the weekly edi.
tion of the same paper without authority Of
the Register.
The existence OF q salt spring on . tract OF
land wtthdrsws 1t from the operation Of the
homestead and presumption laws. A hearing
for the purpose of proving the agricultural
character of such land is not allowed. Land
containing valuable deposits Of slate may be
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claimants must file g separate and
distinct claim against each application which
It 10 alleged conflicts with the premises owned
by such adverse claimant.
TIL papers in an adverse claim, once filed,
cannot DO Withdrawn, but become q part OF the
record.
When an adverse claim has been hled II can.
not be amended SO as to embrace q larger per.
ton Of the premises than thst described In the
original dyerse claim.
An adverse claim must be made out In
proper form and filed In the proper local office
during the period of publication OF the sppli.
cation for the patent to be effective.
1t Is the duty Of the adverse claimant o
suit in proper form within the re-
CURED time. and IL he trusts the uncertain
medium of the United States mail he must
abide the consequences. should the delay
ensue, through misfortune or accident. Should
| the failure TO m suit be the result Of
the cor fupt or dishonest action Of his sttsrney,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth in de-
tail the facts upon which he bases his adverse
claim. A statement in general terms, embody.
ing conclusions of law, without stating the
facts specially, Will not be considered In evi.
dence.
An adverse claimant should show q compli-
ance with the local laws IN recording his claim
and In regard TO expenditures. and shall ME q
copy OF the original notice Of his location, and
show the nature or extent OF the conflict
alleged.
Al allegation of parties to a suit that they
compose the company 10 SUFFICIENT, and they
are not required TO prove that they are the
original locators or the identical parties who
present the adverse claim.
AGRICULTURAL OR MINERAL LANDS.
Where land is of little, If any value, for agri.
cultural purposes. but is essential to the
| proper development of mining claims, IL
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been included in an agricultural
entry, said entry will be Cancelled 1t any time
prior to Issuance of patent, upon satisfactory
evidence Of the existence of such valuable de-
posits.
Where valuable deposits Of mineral are dis.
covered upon q tract sfter the SAINT las been
entered rs agricultural, but before I kent has
been issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled 70
that portion Of the land embraced BY said
mining claim.
where mineral deposits are discovered on
| agricultural lands after the patent has been
| issued to an agricultural claimant, they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make a mining location
dispose OF 1t. provided he becomes 9 citizen
before disposing Of the mine. Proof that ne
| party was not q citizen before disposing Of ms
claim must be afirmatively shown.
Locstors aud intermediate owners, otne'
than applicants, will not be presumed aliens.
| In the absence of allegation or objection pfio'
| to issuance of patent.
The portion of q mining claim sold uM
alien cannot be patented while suoh owner"
an alien; but on his declarations o become
citizen his right dates back to his purcnIso,
aud he may thereupon secure United s'a'''
patont for his claim.
CROSS LKpoKs.
Revised statutes. Section 1886:
Whore two or more lodges cross'or intersoos
each other, priority OF title shall govern, =
such prior location shall be entitled 10 ~ =
or mineral contsined within the space OF in.ea.
section, but the subsequent location snail nv.
the right Of way through the space OF ln.u,
section for the purpose Of the conveniens
working Of the mine. And where two or ilolI
veins unite the oldest or prior location shs-
take the vein below the point OF union' az
Guiding all the space of intersection.
uNNELs
There Is no authority of law Tor q tunho.
location 5000 by /, 800 feet. A proper iocs'ion
liz the width of the tunnel for 5000 feet.
There Is no provision Of law for patentlns
| tunnel locations, but lodes discovered IN run.
ming a tunnel may be patented In Ike manner
as other lodes. - "a
The right is granted to tunnel owners 10